SAINT JOHN, N.B. — A New Brunswick man who sexually assaulted an underage girl is now suing her family and friends for brutally beating him.
The man's lawyer, David Lutz, says it was not up to the girl's family or other vigilantes to punish the man — that's the job of the courts.
"He ran afoul of the law by being involved sexually with this young woman, and the court punished him. And it was not for other people, be it her family or unknown vigilantes," Lutz said.
Girl's mother, 3 men sentenced
In a statement of claim filed with the Court of Queen's Bench, the man is seeking compensation for numerous injuries including a broken nose, concussion, two black eyes and cuts to his ear and finger in a September 2015 attack.
The lawsuit doesn't give details of the criminal case, but a New Brunswick newspaper reported that the man pleaded guilty to summary sexual assault and was sentenced to 90 days in jail, which he could serve on weekends.
The Telegraph-Journal says the girl's mother and three men were all sentenced for their roles in the attack on the man.
They told (him) that they would kill him if he ever returned.
There is a publication ban on the names of all of the individuals involved in the case.
The statement of claim says the man was lured to a home where he was greeted with a punch to the face with a closed fist.
It says when he tried to retreat, two more men joined in the attack and a knife was held to his throat and he was told that his jugular would be cut if he tried to move.
The document says he did try to escape and was cut on the index finger before the three men "caught him and dragged him into a detached garage, wherein they confined and attacked (the man) for 30 to 45 minutes."
Took his wallet and removed cash
The statement of claim says one man brandished a propane torch and threatened to burn off one of the victim's body parts, and later repeatedly struck the victim in the head with the propane tank.
It says a car the man had borrowed from his mother was repeatedly struck with an axe and a sledgehammer, causing significant damage.
"When the defendants finished their attacks on (the man) and allowed him to leave, they told (him) that they would kill him if he ever returned," the statement reads.
They took his wallet, and removed $500 cash, the lawsuit says.
He is suing the people who beat him and confined him. If they happen to be the family members, so be it.
It says the attack left him with "hemorrhaging inside his eyeballs" and severe recurring headaches. He suffers anxiety, memory loss and fear of being in public, it says.
He has lost education and job opportunities, and his mother took two months off from work from her own psychological harm because of the attack, it says.
One attacker pleaded guilty to assault causing bodily harm, uttering threats, and mischief over $5,000. He was sentenced to one year in jail.
Two other men were found guilty of assault causing bodily harm and forcible confinement. They were sentenced to three months in jail and 18 months probation.
Victim and his mother suing for damages
The mother was found guilty of assault causing bodily harm and mischief over $5,000. She was sentenced to three months in jail and 18 months supervised probation.
Lutz said people should not take the law into their own hands.
"He is not necessarily suing the family members as family members of the young woman he was involved with. He is suing the people who beat him and confined him. If they happen to be the family members, so be it," Lutz said.
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"He is like any other person who is assaulted in our country. The assault is not between him and the people who assaulted him. What they did to him is a breach of her majesty's peace."
The victim of the attack and his mother — the car's owner — are suing for damages.
The lawyer for the defendants has filed a notice of intent to defend, but had not yet filed a statement of defence.
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